Supreme Court of India · 1962-04-10
RADHAKRISHNADAS vs KALURAM
- Citation / case number
- SC 1958/150
- Court
- Supreme Court of India
- Petitioner
- RADHAKRISHNADAS
- Respondent
- KALURAM
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the sale of joint family property executed by a father on behalf of his minor son is valid if it is for legal necessity, as per the provisions of Hindu Law. The Court clarified that it is not necessary for the father to demonstrate that the entire sale consideration was used for family necessity, only that the transaction was justified by legal necessity. The Court also ruled that the sale deed effectively transferred cultivatory rights in sir lands, satisfying the requirements of Section 49(1) of the C.P. Tenancy Act, 1920.